A landowners’ lawsuit against King America Finishing Inc., its president Michael Beasley and Westex Holding Co. has been remanded to Superior Court of Bulloch County where Judge John R. Turner is expected to hear it.

Turner is the same judge who in July scolded state regulators for the deal they made with King America after the textile processor was found to be illegally discharging from its fire retardant line for five years. Turner tossed out the $1 million consent order the company had agreed to, calling it a “perfunctory solution” to a “significant problem.”

The eight plaintiffs in the remanded case own more than 5,000 acres on the Ogeechee River. They allege their property value was decreased by King America Finishing’s release of toxic chemicals into the river.

“Their recreational opportunities were eliminated in the short term,” said plaintiffs’ attorney Daniel Snipes of Statesboro-based Franklin, Taulbee, Rushing, Snipes, & Marsh, LLC. “Long term we don’t know. There’s significant acreage that’s not worth as much as it was.”

The case was originally filed in Bulloch Superior Court but defendants removed it to federal court asserting that Beasley, who resides in Statesboro, was named a defendant solely to keep the matter out of federal court.

In a 17-page opinion issued Nov. 9, Chief Judge of the U.S. District Court Southern District Lisa Godbey Wood disagreed that Beasley was a “fraudulent joinder.”

Testimony from a deposition of Beasley “opens up the possibility that Defendant Beasley directed installation of flame retardant lines and did not assess whether changes to the chemical process at the plant affected the plant’s discharge into the Ogeechee River,” she wrote.

Snipes welcomed the order.

“We felt Bulloch Superior Court was the appropriate venue,” he said. “Now the case can get started with discovery and we’re looking forward to it.”

Discovery in cases such as these typically takes about six months, Snipes said.

Attorney Lee DeHihns III, who represents King America Finishing, also welcomed the next phase.

“Now that the procedural question about the proper forum has been worked out, King America is looking forward to the opportunity to defend these claims on the merits in Bulloch County,” said DeHihns. “We think it is important for King America’s side of the story to be told and heard, and we are looking forward to doing that as these cases proceed.”

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Circuit which includes Jenkins, Bulloch, Screven and Effingham counties. If you can read a map you can see that the Ogeechee River runs through all of these, making this venue the most appropriate for the court case to be held. Chatham county is part of a different judicial circuit and must file a separate suit (or count on a celebrity to 'save the day') in order to have similar issues addressed in Savannah.

Judge Turner did the Right Thing in the first place. Maneuvering by King Finishing's attorneys got the case moved from Superior Court to the Federal system in an attempt to get by with a slap on the wrist.

Judge Turner grew up swimming and fishing in the Ogeechee just like so many residents along its 250 mile length. He has a serious interest in keeping the river clean AND in proceeding with the case against those responsible for its current state.

If one wishes to trespass, destroy property or otherwise break the law in the name of 'protest' then please be certain to leave your belt and shoelaces at home so that when you get arrested you will be well prepared to spend a nite or two enjoying Judge Turners' hospitality.

our midst, ready to place his own neck on the block for the Greater Good by destroying property, trespassing and inciting riots.

Now, to address the questions: First, the Superior Court must now BEGIN the process of 'Discovery' in order to ascertain such matters as diminution in value of the Plaintiffs' property, the Cause of such diminution, etc. As of today this is a CIVIL lawsuit, not a CRIMINAL case and therefore no one has been arrested and put into handcuffs. As the case now resides again in the Superior Court no 'search and seizure' evidence can be admitted without due process of law-meaning that proper warrants must be obtained BEFORE anything presented to the Court can be considered.

Remember that this case, thanks to the maneuvering by King Finishings' legal team, must now begin again from scratch.

With regard to Judge Turner: if he was 'in their pocket' he would have had nothing to gain by taking on a case against this company. 'Dirty' officials do not go after large companies with deep pockets. This is not Chatham County after all.

IF enough evidence is found to implicate King Finishing in the toxic pollution of the River then a criminal Case will most likely be next up on the docket.